HLS 12RS-523 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 80
BY REPRESENTATIVE TIM BURNS
HEALTH CARE/FACILITIES: Prohibits smoking in psychiatric facilities of DHH
AN ACT1
To amend and reenact R.S. 40:2115(C), relative to smoking in hospitals; to eliminate the2
requirement for accommodation of smoking by inpatients in psychiatric facilities of3
the Department of Health and Hospitals; to establish procedures for treatment of4
smokers with mental illness in such facilities; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:2115(C) is hereby amended and reenacted to read as follows: 7
ยง2115. Smoking in hospitals; prohibition; exceptions8
* * *9
C.(1) Notwithstanding the provisions of Subsection A of this Section, the10
governing board of the hospital may designate a well ventilated area for smokers.11
Additionally, the governing board of a private psychiatric hospital, and the12
Department of Public Safety and Corrections , and the department of Health and13
Hospitals shall establish rules and policies to reasonably accommodate inpatients and14
inmates who smoke.15
(2)(a) The Department of Health and Hospitals shall establish procedures for16
treatment of smokers with mental illness in its psychiatric hospitals and forensic17
facilities which are smoke free. The department shall implement such procedures18
for patients currently being treated in its psychiatric hospitals and forensic facilities19
which are smoke free and for new patients at the time of admission.20
(b) In carrying out the provisions of this Paragraph, the department shall do21
all of the following:22 HLS 12RS-523 ENGROSSED
HB NO. 80
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are additions.
(i) Screen the patient for smoking cessation needs.1
(ii) Seek the consent of the patient to participate in education and treatment2
regarding smoking cessation.3
(iii) Train psychiatric hospital staff of the department in smoking cessation4
best practices and monitoring of the patient's treatment plan, symptoms, and5
medication adjustments. Psychiatric hospital staff so trained may include tobacco6
cessation in the patient's treatment plan after a review of the patient's diagnosis and7
medication history.8
(iv) Provide patients in department psychiatric hospitals and forensic9
facilities with access to smoking cessation assistance, including but not limited to10
counseling, nicotine replacement therapy, and oral medications.11
(v) Provide patients in department psychiatric hospitals and forensic12
facilities with access to smokeless tobacco cessation assistance.13
(vi) Provide information about smoking cessation in discharge planning,14
including information about smoking cessation resources in the community.15
* * *16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tim Burns HB No. 80
Abstract: Prohibits smoking in psychiatric facilities of the Dept. of Health and Hospitals
(DHH).
Present law prohibits smoking, with certain exceptions, in enclosed areas of all licensed
hospitals. HLS 12RS-523 ENGROSSED
HB NO. 80
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that the following entities shall establish rules and policies to
reasonably accommodate inpatients and inmates who smoke:
(1)The governing board of a psychiatric hospital.
(2)DPS&C.
(3)DHH.
Proposed law deletes DHH from the listing of entities required to accommodate inpatients
who smoke; provides that governing boards of psychiatric hospitals which are required to
accommodate inpatients who smoke shall be those of private facilities; and otherwise retains
present law.
Proposed law requires DHH to establish procedures for treatment of smokers with mental
illness in its psychiatric hospitals and forensic facilities which are smoke free. Requires
DHH to implement such procedures for current patients and for new patients at the time of
admission.
Proposed law provides that in carrying out the provisions of proposed law relative to
treatment of smokers in psychiatric hospitals and forensic facilities which are smoke free,
DHH shall:
(1)Screen the patient for smoking cessation needs.
(2)Seek the consent of the patient to participate in education and treatment regarding
smoking cessation.
(3)Train psychiatric hospital staff of the department in smoking cessation best practices
and monitoring of the patient's treatment plan, symptoms, and medication
adjustments. Psychiatric hospital staff so trained may include tobacco cessation in
the patient's treatment plan after a review of the patient's diagnosis and medication
history.
(4)Provide patients in department psychiatric hospitals and forensic facilities with
access to smoking cessation assistance, including but not limited to counseling,
nicotine replacement therapy, and oral medications.
(5)Provide patients in department psychiatric hospitals and forensic facilities with
access to smokeless tobacco cessation assistance.
(6)Provide information about smoking cessation in discharge planning, including
information about smoking cessation resources in the community.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2115(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Added provision requiring DHH to establish procedures for treatment of smokers
with mental illness in its psychiatric hospitals and forensic facilities which are
smoke free. Provided that DHH shall implement such procedures for current
patients and for new patients at the time of admission. Provided that in carrying
out such procedures, DHH shall do all of the following: HLS 12RS-523 ENGROSSED
HB NO. 80
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(a)Screen the patient for smoking cessation needs.
(b)Seek the consent of the patient to participate in education and treatment
regarding smoking cessation.
(c)Train psychiatric hospital staff of the department in smoking cessation best
practices and monitoring of the patient's treatment plan, symptoms, and
medication adjustments. Psychiatric hospital staff so trained may include
tobacco cessation in the patient's treatment plan after a review of the patient's
diagnosis and medication history.
(d)Provide patients in department psychiatric hospitals and forensic facilities with
access to smoking cessation assistance, including but not limited to counseling,
nicotine replacement therapy, and oral medications.
(e)Provide patients in department psychiatric hospitals and forensic facilities with
access to smokeless tobacco cessation assistance.
(f)Provide information about smoking cessation in discharge planning, including
information about smoking cessation resources in the community.